Letter From Commonwealth of Virginia

[Frederick Schaffner]

Commonwealth of Virginia
Office of the Governor
P.O. Box 1475
Richmond, Virginia 23218
804-786-8032
804-786-6683 (fax)
800-828-1120 (TTY)

Pierce R. Homer
Secretary of Transportation

June 3, 2009

Mr. Frederick Schaffner
507 Main Street
Nocona, Texas 76255

Dear Mr. Schaffner:

Thank you for your email requesting the Commonwealth Transportation Board increase the rest area time limit parking to ten hours.

In an effort to increase the effectiveness of the Virginia Department of Transportation (VDOT) contribution toward available public and private commercial truck parking spaces in the Commonwealth, VDOT has recently made a recommendation to the Commonwealth Transportation Board to lift the current two-hour parking restriction. Overnight parking remains prohibited in accordance with the Administrative Code of Virginia, 24VAC30-50-10.D. However, by lifting the current two-hour restriction, VDOT hopes this action may contribute to assisting truckers in meeting the Federal Motor Carrier Safety Administration Hours of Service regulations and a greater opportunity for truckers to rest. This recommendation is being considered for final action by the Board on June 17-18, 2009. If approved by the Board, it will be possible for truckers to park at a Virginia safety rest area for a ten-hour time period as suggested without violating the overnight prohibition.

If you have further comments or questions, please contact Mr. Jacob Porter, Acting Maintenance Division State Infrastructure Manager, by telephone at 804-786-0811 or by email at [e-mail].

Thank you again for writing Governor Kaine.

Sincerely,
Pierce R. Homer

PRH:es
Copy: Mr. David S. Ekern, P.E.
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Following is an e-mail I sent in response...

Jacob,

I am pleased to receive Mr. Homer's letter regarding the two hour parking time limit. We're hopeful the CTB adopts the lifting of the 2 hour parking time limit as stated in his letter. We do have one concern regarding 24VAC30-50-10. I have spoke with Mr. Caldwell, and he as explained VA's definition of this Administrative Code. I am also aware this Administrative Code has always existed without problems for truckers. But we feel there will be confusion among the transportation industry and respectfully ask for a clear and concise description to be published for all to fully understand.

Our only concern is our fellow trucker's ability to remain compliant and safe. To accomplish this within the structure of FMCSA regulations requires a trucker to be able to remain parked for 10 hours. We feel if a trucker is able to locate a legal parking spot, that he/she should be allowed the ability to remain compliant...and that state governments should aid in this ability by allowing them to legally park without interruption. Please keep this understanding in mind when making the final decision about parking. We're not advocating the allowance for truckers to park for extended periods of time...only the ability to comply with federal regulations without interruptions. Clarity of CTB's decision will be necessary to communicate this to truckers.

Please understand we are reaching out to Virginia to take the necessary action needed to assist truckers in remaining compliant and safe. We know CTB does not intend to create situations detrimental to this end, and understand fully CTB's intentions are honorable. But we believe this is a circumstance with a very simple solution for those truckers able to locate legal parking spots...and it will take comprehensive action on the part of CTB to truly bring a positive partnership with truckers doing their best to remain compliant and legal.

We understand the financial situation causing VA to make hard decisions regarding interstate rest areas...and are pleased to see VA doing what they can to decrease the number of interstate rest area closures. We're very active with attempting to get Congress to pass H.R.2156 & S.971 (Jason's Law,) so we as an industry - with the states - may begin to address the problem of truck parking availability in targeted corridors, such as I-81 in VA...as well as other targeted areas around our country. Until then, we are hopeful for a positive relationship with the state of VA...as well as the other states...to assist truckers regarding safety and compliance.

Jacob...would you please ensure Sec. Pierce Homer receives a copy of this e-mail. And once again - thank you for addressing this issue regarding the 2 hour parking time limit.

Respectfully,
Frederick Schaffner
940-642-1640
TheAmericanDriver

__________
Stand Up, Speak Out or Accept What Comes!!!
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Safe Trails and God Bless,
Frederick (SilverSurfer) Schaffner

[Allen Smith]

This can still be considered a victory for truckers. The two hour limit created a dangerous situation for safety, but even if they change to "No Overnight Parking" - this will allow the drivers to accumulate the required 10 hour break. This is still very good news - good job, guys.

[Frederick Schaffner]

Thank you, Allen. I've already spoke with Mr. Caldwell about the "No Overnight Parking" Administrative Code. According to Mr. Caldwell...truckers may still park at night. Those in at dusk must leave the following morning...and those in after dark must leave by the following evening. I've formally requested this explanation be clearly published for all to understand to avoid confusion.

I'm actually still trying to keep from getting all excited about being able to get one of the 19 states enforcing parking time limits for many decades to remove the parking time limit...and they've been asked by many to remove these parking time limits - including the National Transportation Safety Board.

This is a big win, brother. And you are aware you and Donna were very instrumental, in a pivotal moment in time, to help make this possible. Thank you both for all the help and support.

~SilverSurfer~